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COM. ex rel. BITTNER v. PRICE

428 Pa. 5 (1967)

Commonwealth ex rel. Bittner, Appellant, v. Price.

Supreme Court of Pennsylvania.

November 28, 1967.

Attorney(s) appearing for the Case

Alan Frank, for appellant.

Edwin J. Martin, Assistant District Attorney, with him Robert W. Duggan, District Attorney, for appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION PER CURIAM, November 28, 1967:

The appellant, Edward Bittner, following a coroner's inquest, was held on the charge of murder pending action by the grand jury. An action in habeas corpus was instituted which the lower court dismissed. Subsequently, Bittner was indicted by the grand jury for murder and involuntary manslaughter. Later, this appeal was filed from the order below dismissing the habeas corpus action.

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